S5660 CONGRESSIONAL RECORD — SENATE July 30, 2012 

3453, a bill to provide for an increase in 

the Federal minimum wage. 

S. CON. RES. 50

At the request of Mr. RUBIO, the 

names of the Senator from Utah (Mr. 

LEE) and the Senator from New Jersey 

(Mr. MENENDEZ) were added as cosponsors of S. Con. Res. 50, a concurrent 

resolution expressing the sense of Congress regarding actions to preserve and 

advance the multistakeholder governance model under which the Internet 

has thrived. 

S. RES. 525

At the request of Mr. NELSON of Florida, the names of the Senator from Indiana (Mr. LUGAR) and the Senator 

from Massachusetts (Mr. KERRY) were 

added as cosponsors of S. Res. 525, a 

resolution honoring the life and legacy 

of Oswaldo Paya Sardinas. 

AMENDMENT NO. 2575

At the request of Mr. LAUTENBERG, 

the name of the Senator from Michigan 

(Mr. LEVIN) was added as a cosponsor of 

amendment No. 2575 intended to be proposed to S. 3414, a bill to enhance the 

security and resiliency of the cyber and 

communications infrastructure of the 

United States. 

f 

SUBMITTED RESOLUTIONS 

SENATE RESOLUTION 533—DESIGNATING OCTOBER 2012 AS ‘‘NATIONAL WORK AND FAMILY 

MONTH’’ 

Mr. MERKLEY (for himself, Mr. 

CRAPO, Mr. CASEY, Mr. BLUMENTHAL, 

Mrs. MURRAY, Mr. BROWN of Ohio, Mr. 

AKAKA, and Mr. KOHL) submitted the 

following resolution; which was considered and agreed to: 

S. RES. 533 

Whereas, according to a report by 

WorldatWork, a nonprofit professional association with expertise in attracting, motivating, and retaining employees, the quality 

of workers’ jobs and the supportiveness of 

the workplace of the workers are key predictors of the job productivity, job satisfaction, 

and commitment to the employer of those 

workers, as well as of the ability of the employer to retain those workers; 

Whereas ‘‘work-life balance’’ refers to specific organizational practices, policies, and 

programs that are guided by a philosophy of 

active support for the efforts of employees to 

achieve success within and outside the workplace, such as caring for dependents, health 

and wellness, paid and unpaid time off, financial support, community involvement, and 

workplace culture; 

Whereas numerous studies show that employers that offer effective work-life balance 

programs are better able to recruit more talented employees, maintain a happier, 

healthier, and less stressed workforce, and 

retain experienced employees, which produces a more productive and stable workforce with less voluntary turnover; 

Whereas job flexibility often allows parents to be more involved in the lives of their 

children, and research demonstrates that parental involvement is associated with higher 

achievement in language and mathematics, 

improved behavior, greater academic persistence, and lower dropout rates in children; 

Whereas military families have special 

work-family needs that often require robust 

policies and programs that provide flexibility to employees in unique circumstances; 

Whereas studies report that family rituals, 

such as sitting down to dinner together and 

sharing activities on weekends and holidays, 

positively influence the health and development of children and that children who eat 

dinner with their families every day consume nearly a full serving more of fruits and 

vegetables per day than those who never eat 

dinner with their families or do so only occasionally; and 

Whereas the month of October is an appropriate month to designate as National Work 

and Family Month: Now, therefore, be it 

Resolved, That the Senate— 

(1) designates October 2012 as ‘‘National 

Work and Family Month’’; 

(2) recognizes the importance of work 

schedules that allow employees to spend 

time with their families to job productivity 

and healthy families; 

(3) urges public officials, employers, employees, and the general public to work together to achieve more balance between 

work and family; and 

(4) calls upon the people of the United 

States to observe National Work and Family 

Month with appropriate ceremonies and activities. 

f 

AMENDMENTS SUBMITTED AND 

PROPOSED 

SA 2621. Mr. DEMINT submitted an amendment intended to be proposed by him to the 

bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was 

ordered to lie on the table. 

SA 2622. Mr. CHAMBLISS submitted an 

amendment intended to be proposed by him 

to the bill S. 3414, supra; which was ordered 

to lie on the table. 

SA 2623. Mr. CHAMBLISS submitted an 

amendment intended to be proposed by him 

to the bill S. 3414, supra; which was ordered 

to lie on the table. 

SA 2624. Mr. CHAMBLISS submitted an 

amendment intended to be proposed by him 

to the bill S. 3414, supra; which was ordered 

to lie on the table. 

SA 2625. Mr. CHAMBLISS submitted an 

amendment intended to be proposed by him 

to the bill S. 3414, supra; which was ordered 

to lie on the table. 

SA 2626. Mr. CHAMBLISS submitted an 

amendment intended to be proposed by him 

to the bill S. 3414, supra; which was ordered 

to lie on the table. 

SA 2627. Mr. CHAMBLISS submitted an 

amendment intended to be proposed by him 

to the bill S. 3414, supra; which was ordered 

to lie on the table. 

SA 2628. Mr. CHAMBLISS submitted an 

amendment intended to be proposed by him 

to the bill S. 3414, supra; which was ordered 

to lie on the table. 

SA 2629. Mr. CHAMBLISS submitted an 

amendment intended to be proposed by him 

to the bill S. 3414, supra; which was ordered 

to lie on the table. 

SA 2630. Ms. SNOWE submitted an amendment intended to be proposed by her to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2631. Ms. SNOWE submitted an amendment intended to be proposed by her to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2632. Ms. SNOWE submitted an amendment intended to be proposed by her to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2633. Ms. SNOWE submitted an amendment intended to be proposed by her to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2634. Ms. SNOWE submitted an amendment intended to be proposed by her to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2635. Ms. SNOWE submitted an amendment intended to be proposed by her to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2636. Ms. SNOWE submitted an amendment intended to be proposed by her to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2637. Ms. SNOWE submitted an amendment intended to be proposed by her to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2638. Mr. RUBIO submitted an amendment intended to be proposed by him to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2639. Mr. DEMINT submitted an amendment intended to be proposed by him to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2640. Mr. LEAHY (for himself and Mr. 

HOEVEN) submitted an amendment intended 

to be proposed by him to the bill S. 3414, 

supra; which was ordered to lie on the table. 

SA 2641. Mr. CARPER (for himself and Mr. 

BLUNT) submitted an amendment intended to 

be proposed by him to the bill S. 3414, supra; 

which was ordered to lie on the table. 

SA 2642. Mr. LEVIN submitted an amendment intended to be proposed by him to the 

bill S. 3406, to authorize the extension of 

nondiscriminatory treatment (normal trade 

relations treatment) to products of the Russian Federation and Moldova, to require reports on the compliance of the Russian Federation with its obligations as a member of 

the World Trade Organization, and to impose 

sanctions on persons responsible for gross 

violations of human rights, and for other 

purposes; which was ordered to lie on the 

table. 

SA 2643. Mr. JOHNSON of Wisconsin submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance 

the security and resiliency of the cyber and 

communications infrastructure of the United 

States; which was ordered to lie on the table. 

SA 2644. Mr. TOOMEY (for himself, Ms. 

SNOWE, Mr. DEMINT, Mr. BLUNT, Mr. RUBIO, 

and Mr. HELLER) submitted an amendment 

intended to be proposed by him to the bill S. 

3414, supra; which was ordered to lie on the 

table. 

SA 2645. Mr. BINGAMAN submitted an 

amendment intended to be proposed by him 

to the bill S. 3414, supra; which was ordered 

to lie on the table. 

SA 2646. Mr. MENENDEZ (for himself and 

Mr. KERRY) submitted an amendment intended to be proposed by him to the bill S. 

3414, supra; which was ordered to lie on the 

table. 

SA 2647. Ms. SNOWE submitted an amendment intended to be proposed by her to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2648. Mr. LEVIN submitted an amendment intended to be proposed by him to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2649. Mr. LEVIN submitted an amendment intended to be proposed by him to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2650. Mr. UDALL of Colorado submitted 

an amendment intended to be proposed by 

him to the bill S. 3414, supra; which was ordered to lie on the table. 

SA 2651. Mr. UDALL of Colorado submitted 

an amendment intended to be proposed by 

him to the bill S. 3414, supra; which was ordered to lie on the table. 

SA 2652. Mr. UDALL of Colorado submitted 

an amendment intended to be proposed by 


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July 30, 2012 CONGRESSIONAL RECORD — SENATE S5661 

him to the bill S. 3414, supra; which was ordered to lie on the table. 

SA 2653. Mr. GRAHAM submitted an 

amendment intended to be proposed by him 

to the bill S. 3414, supra; which was ordered 

to lie on the table. 

SA 2654. Mr. CRAPO (for himself and Mr. 

JOHANNS) submitted an amendment intended 

to be proposed by him to the bill S. 3414, 

supra; which was ordered to lie on the table. 

SA 2655. Mr. MCCAIN submitted an amendment intended to be proposed by him to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2656. Mr. MCCAIN submitted an amendment intended to be proposed by him to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2657. Mr. MCCAIN submitted an amendment intended to be proposed by him to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2658. Mr. MCCAIN submitted an amendment intended to be proposed by him to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2659. Mr. MCCAIN submitted an amendment intended to be proposed by him to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2660. Mr. MCCAIN submitted an amendment intended to be proposed by him to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2661. Mr. MCCAIN submitted an amendment intended to be proposed by him to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2662. Mr. MCCAIN submitted an amendment intended to be proposed by him to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2663. Mr. MCCAIN submitted an amendment intended to be proposed by him to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

SA 2664. Mr. MCCAIN submitted an amendment intended to be proposed by him to the 

bill S. 3414, supra; which was ordered to lie 

on the table. 

f 

TEXT OF AMENDMENTS 

SA 2621. Mr. DEMINT submitted an 

amendment intended to be proposed by 

him to the bill S. 3414, to enhance the 

security and resiliency of the cyber and 

communications infrastructure of the 

United States; which was ordered to lie 

on the table; as follows: 

At the appropriate place, insert the following: 

SEC. ll. BORDER FENCE COMPLETION. 

(a) MINIMUM REQUIREMENTS.—Section 

102(b)(1) of the Illegal Immigration Reform 

and Immigrant Responsibility Act of 1996 (8 

U.S.C. 1103 note) is amended— 

(1) in subparagraph (A), by adding at the 

end the following: ‘‘Fencing that does not effectively restrain pedestrian traffic (such as 

vehicle barriers and virtual fencing) may not 

be used to meet the 700-mile fence requirement under this subparagraph.’’; 

(2) in subparagraph (B)— 

(A) in clause (i), by striking ‘‘and’’ at the 

end; 

(B) in clause (ii), by striking the period at 

the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(iii) not later than 1 year after the date of 

the enactment of the Cybersecurity Act of 

2012, complete the construction of all the reinforced fencing and the installation of the 

related equipment described in subparagraph 

(A).’’; and 

(3) in subparagraph (C), by adding at the 

end the following: 

‘‘(iii) FUNDING NOT CONTINGENT ON CONSULTATION.—Amounts appropriated to carry 

out this paragraph may not be impounded or 

otherwise withheld for failure to fully comply with the consultation requirement under 

clause (i).’’. 

(b) REPORT.—Not later than 6 months after 

the date of the enactment of this Act, the 

Secretary of Homeland Security shall submit to Congress a report that describes— 

(1) the progress made in completing the reinforced fencing required under section 

102(b)(1) of the Illegal Immigration Reform 

and Immigrant Responsibility Act of 1996 (8 

U.S.C. 1103 note), as amended by subsection 

(a); and 

(2) the plans for completing such fencing 

not later than 1 year after the date of the enactment of this Act. 

SA 2622. Mr. CHAMBLISS submitted 

an amendment intended to be proposed 

by him to the bill S. 3414, to enhance 

the security and resiliency of the cyber 

and communications infrastructure of 

the United States; which was ordered 

to lie on the table; as follows: 

Strike title I. 

SA 2623. Mr. CHAMBLISS submitted 

an amendment intended to be proposed 

by him to the bill S. 3414, to enhance 

the security and resiliency of the cyber 

and communications infrastructure of 

the United States; which was ordered 

to lie on the table; as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as 

the ‘‘Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2012’’ or ‘‘SECURE IT’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FACILITATING SHARING OF 

CYBER THREAT INFORMATION 

Sec. 101. Definitions. 

Sec. 102. Authorization to share cyber 

threat information. 

Sec. 103. Information sharing by the Federal 

government. 

Sec. 104. Construction. 

Sec. 105. Report on implementation. 

Sec. 106. Inspector General review. 

Sec. 107. Technical amendments. 

Sec. 108. Access to classified information. 

TITLE II—COORDINATION OF FEDERAL 

INFORMATION SECURITY POLICY 

Sec. 201. Coordination of Federal information security policy. 

Sec. 202. Management of information technology. 

Sec. 203. No new funding. 

Sec. 204. Technical and conforming amendments. 

Sec. 205. Clarification of authorities. 

TITLE III—CRIMINAL PENALTIES 

Sec. 301. Penalties for fraud and related activity in connection with computers. 

Sec. 302. Trafficking in passwords. 

Sec. 303. Conspiracy and attempted computer fraud offenses. 

Sec. 304. Criminal and civil forfeiture for 

fraud and related activity in 

connection with computers. 

Sec. 305. Damage to critical infrastructure 

computers. 

Sec. 306. Limitation on actions involving 

unauthorized use. 

Sec. 307. No new funding. 

TITLE IV—CYBERSECURITY RESEARCH 

AND DEVELOPMENT 

Sec. 401. National High-Performance Computing Program planning and 

coordination. 

Sec. 402. Research in areas of national importance. 

Sec. 403. Program improvements. 

Sec. 404. Improving education of networking 

and information technology, including high performance computing. 

Sec. 405. Conforming and technical amendments to the High-Performance 

Computing Act of 1991. 

Sec. 406. Federal cyber scholarship-for-service program. 

Sec. 407. Study and analysis of certification 

and training of information infrastructure professionals. 

Sec. 408. International cybersecurity technical standards. 

Sec. 409. Identity management research and 

development. 

Sec. 410. Federal cybersecurity research and 

development. 

TITLE I—FACILITATING SHARING OF 

CYBER THREAT INFORMATION 

SEC. 101. DEFINITIONS. 

In this title: 

(1) AGENCY.—The term ‘‘agency’’ has the 

meaning given the term in section 3502 of 

title 44, United States Code. 

(2) ANTITRUST LAWS.—The term ‘‘antitrust 

laws’’— 

(A) has the meaning given the term in section 1(a) of the Clayton Act (15 U.S.C. 12(a)); 

(B) includes section 5 of the Federal Trade 

Commission Act (15 U.S.C. 45) to the extent 

that section 5 of that Act applies to unfair 

methods of competition; and 

(C) includes any State law that has the 

same intent and effect as the laws under subparagraphs (A) and (B). 

(3) COUNTERMEASURE.—The term ‘‘countermeasure’’ means an automated or a manual 

action with defensive intent to mitigate 

cyber threats. 

(4) CYBER THREAT INFORMATION.—The term 

‘‘cyber threat information’’ means information that indicates or describes— 

(A) a technical or operation vulnerability 

or a cyber threat mitigation measure; 

(B) an action or operation to mitigate a 

cyber threat; 

(C) malicious reconnaissance, including 

anomalous patterns of network activity that 

appear to be transmitted for the purpose of 

gathering technical information related to a 

cybersecurity threat; 

(D) a method of defeating a technical control; 

(E) a method of defeating an operational 

control; 

(F) network activity or protocols known to 

be associated with a malicious cyber actor or 

that signify malicious cyber intent; 

(G) a method of causing a user with legitimate access to an information system or information that is stored on, processed by, or 

transiting an information system to inadvertently enable the defeat of a technical or 

operational control; 

(H) any other attribute of a cybersecurity 

threat or cyber defense information that 

would foster situational awareness of the 

United States cybersecurity posture, if disclosure of such attribute or information is 

not otherwise prohibited by law; 

(I) the actual or potential harm caused by 

a cyber incident, including information 

exfiltrated when it is necessary in order to 

identify or describe a cybersecurity threat; 

or 

(J) any combination of subparagraphs (A) 

through (I). 

(5) CYBERSECURITY CENTER.—The term ‘‘cybersecurity center’’ means the Department 


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